Roswell, Ga. - Reports out of Roswell show that police are currently looking for a group of suspects who have allegedly burglarized a used car dealership that has been shuttered as a result of the COVID-19 Pandemic Order.
Police are on the lookout and have asked anyone with information to come forward. One of the employees of the dealership told authorities that the shop was only closed for five days when he returned to find seven luxury cars missing. On top of the seven vehicles, the suspects also allegedly stole various car titles, computers, and other electronic devices.
As a Georgia Criminal Defense Lawyer, I will cover the offense of burglary also referred to as breaking and entering.
Burglary in Georgia
Burglary in Georgia is defined by Georgia Law in O.C.G.A. §16-7-1. The offense of burglary is differentiated by two different degrees. Even though there are two different degrees, both are classified as felonies.
First Degree Burglary: if a person enters or remains within an occupied, unoccupied, or vacant dwelling house of another or any building, railroad car, watercraft, aircraft, or other such structure for use as the dwelling of another without authority and with the intent to commit a felony or theft therein.
Second Degree Burglary: if a person enters or remains in an occupied, unoccupied, or vacant building, structure, vehicle, railroad car, watercraft, or aircraft without authority and with the intent to commit a felony or theft therein.
Simply put, the difference between First and Second Degree Burglary according to the law is whether or not the structure was intended to be a dwelling or not. If the structure is a dwelling or a home, then you have committed first degree. If the structure is not a dwelling, then second degree.
Many people are under the misconception that the only crime that can be associated with burglary is some sort of subsequent theft crime. However, this is not true. A person can still be convicted of burglary if he or she had the intention of kidnapping, assault, rape, or any other type of felony crime in Georgia.
A person found guilty of first degree burglary will be convicted of a felony and will be punished by a prison sentence of one to twenty years. If you are convicted a second time, you will be found guilty of a felony and will be punished by a prison sentence for two to twenty years. For a third or subsequent conviction of burglary, you will be guilty of a felony and will face a prison term for no less than five and no more than twenty-five years.
The punishment if found guilty of second degree burglary is a prison sentence for a period from one to eight years.
If arrested for a crime in the state of Georgia, call our offices now. We can help you with your case today.